Tobacco Documents Online

August 1E, 1985 MEMORANDUM To: Peter Sparber From: Susan Stuntz Subject: Corporate Contacts Re Workplace Smoking Following is a cumulative report on companies with which the public smoking issues group has had contact concerning smoking in the workplace. Jeff Ross is responsible for most of these contacts; I have pitched in on several and, in. one instance, Judy Wiedemeier helped out. We plan to provide monthly updates regarding status of those companies which already have requested assistance, as weIl as new entries to the 3ist. Stride Rite Cambridge, MA Field Staff Contact: Staff informed and advised strongly against responding. Hugh Cul'man asked that we contact Stride Rite following a newspaper clipping indicating that the shoe manuf acturer had severely limited smoking in its p1ant. As a result of conversatisns with field staff, we decided against pursuing the contact. Gary Thomas Fallon Community Health Plan Worcester, MA Field Staff Co11L`act: Staff contacted and provided guidance regarding the proper approach. This request for information came through the State Activit-Les Division. Thomas indicated that the company has established a committee to consider several options to deal with the workplace smoking issue. The options the com4 ittee is considering are: total smoking ban; limit smoking to the lunchroom; or improve the company's ventilation equipment. Thomas was very interested in pursuing an ?nstitute presentation, particularly on the ventilation issue. page I CONFIDENTIAL: TITX 0036476 TOBACCO LITIGATION

, We mailed Thomas the workplace kit. We expect to hear from him by summer's end regarding a presentation. Pauline Rodriques New England Bell Somerset, MA Fitld Staff Contact: Staff informed; sources there have no knowledge of a forthcoming ban. Rodriques, a customer service representative, called teqiesting information because of an anticipated smoking ban. No policy had yet come forth. We asked that Rodriques determine if there was a committee or individual that we could contact to discuss the matter. Rodriques indicated that the current policy allows . customer service representatives to smoke at their desk from 8:30 to 9:00 a.m., on their lunch hour and from 4:30 to 5:00 p.m. She is r.ot represented by a union. We did discuss her providing information to other employees that would be affected by a ban who are represented by the union. We sent her the workplace smoking kit, placing special emphasis on the argument that smoking restrictions are subject to collective bargaining agreements. We are continuing to follow up. Diane Litt2eton Assistant Personnel Director Save the Children Federation Westport, CT Field Staff Contact: Field staff initiated the request. Littleton explained that several nonsmoking employees petitioned management for a smoking ban. Littleton pointed out that working quarters were cramped, and that this has created some problems. She asked for inf ormation to counter that provided by antismoking organizations, particularly any information concerning companies that have considered policies but rejected them. page 2 TO CONFIDENTIAL: TITX 0036477 BACCO LITIGATION

We provided her with a workplace smoking kit and inf ormation from the Solmon report on why companies reject smoking policies. Although we offered to visit the offices, Littleton indicated that management was ~eaning toward a work. station smoking ban. She indicated that any modificatio:n in the workpiace was not possible because of their cramped quarters and f:nancia: limitations. Jan Thomas Senior Labor Relations Representative Long Island Railroad Jamaica, NY Field Staff Contact: None required. Thomas called for information concernina ciaimed health hazards of "enviror.mental tobacco smoke." Thomas indicated that the engineers' union has initiated arbitration in accordance with the Railway Labor Act concerning smoking in. the workplace. She said they want smoking banned even though some of them are smokers. We mailed the requested information, along with the iegal backgrounder on smoking in the workplace. We also suggested she contact counsel for assistance on any i.e{'ya1 questions. . . . During a follow-up conversation, Thomas said the union wi?- not be prepared to pursue their case until M Decem:er. We will continue to periodically touch base wit` .'hlomas ur.til t~,:e issue is resolved. M. Madeleine Dillon Western-Southern Life Bala-Cynwyd, PA Field Staff Contact: None required. Lil.lon's request f er assistance came to Lorillard, which in turn referred the matter to Jo::n Rupp and Ui:il IC? oepfer. DiIn o n asked for information concerning the rig;:ts of smokers. The manager of the building where she works has removed the ash trays from the ladies' room on her floor and placed a "Thank You for Not Smoking" sign there. Apparently, this was done at the req::est of two nonsmoking women on the floor. This action does not appiy to the men's room on the same floor or to the ladies' rooms on other floors. page 3 CONFIDENTIAL: TITX 0036478 TOBACCO LITIGATION

J_,hn RUpp assigned Matt Jacobs to respond j Jacobs has offered information and assistance. Neil Mann Assistant Vice President Director of Personnel Association of American Railroads Washington, D.C. Field Staff Contac t: Staff informed and provided background on Ill=ncis workplace legislation. Mann asked for a workplace smoking presentation at the Chicago meeting of the Railroad Committee on Equal Enployment Opportunity. That was accomplished June 28. As follow up, all EO attendees have received a letter asking them to contact The Institute in the event of f uture prob~ems. Janine Vanech ORS Associates McLean, VA Field Staff Contact: None required. CRS is a consulting f irm that assists clients that are relocating, expanding or consolidating their operations. Vanech contacted us because one of her clients is moving its operations and has asked for recommendations concerning how to handle smoking in the workplace. Wfe met `y'anec h for iur.ch, and gave her our workpl ace kit and Lew Solmon`s report on corporate policies, to reinforce the fact that most companies handle any problems without instituting policies. Vanech was interested in any assistance we may be able to provide regarding office planning and ventilation. Var.ec'-: in dic.ated she would welcome our assistance in developin g recoriuendations for new clients. She also :.^.dica`~ed that many companies reevaluate the issue when t::E}' m^ve their operations. She promised to inforum in terest•ed companies of our resources. `:'a necl': aiso serves on the t_7overn~'ient relations c~~i^If•itt•ee of the Wasl:ingtcn Board of Trade. She stated that the Board supports ourr posit.-aLcn that leg:sia'vl^.n O n the i.s :ue is not necessary. She wil 1 let us know if they ever reconsider this position. page 4 CONFIDENTIAL: TITX 0036479 TOBACCO LITIGATION

Joseph Tennant Associate General Counsel Planning Research Corporation McLean, VA cy 3ff La::tact: None required. CeY:na .t req°ueste_ in forr:;ation to provide to PRC's small N ew `i'or;~ City subsidiary company which proposed a je =_::,o;ting ban. At the timie, he appeared very _::-eres`ed in pursuing an Institute presentation. He a- s=nt copies of the workplace kit. ~.. ::,_1_ow-up conversation, Tennant indicated that ~-~bsidiary president, an anti-smoker, had gQne through .,it-h the ban. Tennant said t; ey have experienced no problems in Virginia but will calil us if we can ever be of assistance. Pauline Dodson Environmental Division American Automobile Association Falls Church, VA Field Staff Contact: None required. -1-lcd=on contacted us as a result of the Washinyton Post article on the SoImon survey of smoking policies in Iarge corporations. She asked for and received general information and a copy of Lew Solmon's report. L cd=on ir dT La ted t}iat AAA has not experienced anv ma-iLr probler=_ cv~i:~ern~ng the issue but may be deal i nC7 with ~t i 1. t,:e f;: t::_-e . We of'f ered her our ass i stance i f needed. Steve Lowes AT&T Washingtcn, D.C. Fie~c Staff Co ntact: None re:uired. Locaes, too, contacted, us as a resu1t of the 0? f 29f 85 r:ashinaton Post article. Lowes requested general- _:fcr.,4auion and a copy of Smoking Policies in Laroe CC>rL,Cratio.:s by Lew Solulon. Lowes said t•L.e company does not have any specific Frobs ems but ;ust wantedl to have our materials on hanA- Mater:.als have been sent, along wi th an offer of assista nce should problems arise in the future. page 5 CONFIDENTIAL: TITX 0036480 TOBACCO LITIGATION

Anthony Toffon C & P Telephone Washington, D.C. t' ield Etaff Contact: None required. Toffon called to inform us of C & P's decision to a1i.rw each division to decide if smoking would be allowed in the cff ices fo'_lowing redecoration. Only one of fo,.Ir C=Vi.slon s opted to ban smo;ting--Toffon's. i'offon is a memher of the Communication Workers of America. ~'<_ff }n asked for assista :ce. We mailed him a wLrkp-ace smoking kit, placing specia:l emphasis on the argu:: e~ -~ that smoking restrictions are subject to coileLtiv_ bargaining agreements. We have offered to have ~_ Iegal . counse~ meet with their union representative. loffon indicated that their union represent<~ati 7e was not very supportive in these mattters. Attempts at follow up are being made. We will consult with 1abor counsela. to determine an appropriate course of action. In the meantime, we note that C&P has asked for a copy of the Solmon survey on corporate smoking policies. Lewis Quay Department of Commerce Washington, D.C. Field Staff Contact: None required. Q:: a~n"a~ ' cal_e; to ~+- requec _;t in.forr:,at' o nt yon on .. workp1 ~ace smo~ing. He indicated that the Department of Commerce was Iooking into t`:e issue. hie _;ent him a workplace kit. In a follow-up conversation, he noted no new developments. Kurt Jacobson EPA Washington, D.C. F'ieId "-~ff tia ct: ito:ie ret'uired, on5tlltatlCli w't"! iDVint_Ttiti7i3 & LurilnQ. + Jacobs_:1 con -aacted the Institute and reported that a no==sm-oking EFA employee was initiating a smoking ban. ? C `>T ~,aco:~_-~ has a pr ivate off ice and the proposal wos'd ;iave prohibited him from smoking in his off lce with the door ciosed. T`te nonsmok 1 nC; emgloyee claimed tha t the smoke came throuyh under the door. page 6 CONFIDENTIAL: THE3.7 0036481 TOBACCO LITIGATION

Per .ohn Rupp's suggestion, we attempted to arrange a m eet-in g to d;scuss the situatiorn and to provide him with information. Althouch the meeting was cancelled, the ir:formation was provided. In a follow-up conversation, •3acobson indicated that the matter had been resolved i rC +yi " stro:iy aY«i va.^.`~~s.'~ vaCCh~sn W: l1 Caal u5 if t iey have any further problems. Ms. Carol Gambil Maryville, TN Field Staff Contact: Response coordinated with appopriate st•aff. . Gambil is a high school teacher in Maryville. She •,' because the s"hoo1 superintendent has insti tuted calle.~ a smoking ban for aill teachers. According to Gambil, the superintendent cited a law or ordinance that granted him the authority to impose the ban. The _u.eri:itendent's office reported the policy was initiated by the superintendent and approved by the school board. The objective of the policy is for teachers to provide a proper role model for students. She pointed out that normally she works in her classroom after school, but because of the policy, she will now leave immediately. Because of the policy, Gambil is considering resigning her position. Gamb:.l is not represented by a union. We have discussed sending a letter to the sugerintendent focusing on the you th proyra u. As Gambill is concerned for her job, she has asked for some ti.u,e to dec-_de if she considers that - . action appropriate. Ramon Cesta Environmental Health Specialist Medical Department Eastern Airlines Miami, FL Field Staff Contact . Staff not.f ied anLf will provide i=ut as to our response. Cesta asked for ass;_=_:tance in ueve_oping a workplace that will ~ `~mply wi . .~' -crida ' e ~ s ' a }. ~ _.r.in po~_cy t.t' the _ '' :. _ t~iat goes into eff ectt .o:.' 1~0/011E5. We will work with him to develop a suitable policy. page 7 CONFIDENTIAL: TITX 0036482 TOBACCO LITIGATION

> Allyson Warren Paralegal Bernard Weksler Coral Gables, FL = ield Staff Lor.tact: Staff informed; coordination r=~_e=`ed irn anticipation of additional calls f rom co:-,~,_^_es rushing to meet a i0/1/85 deadline for policy Beru_,%--2' .;ey=Ier is a group of employers that organized a to f acilitate lower health services cost. r----- C:= Di t`eir members is Ryder Trucks. Warren contacted ~-s =a:~:p~e policies that they can use in developing a f.~~_cy t•hat will meet the stipulations of the Florida _-- Z-1 ation. Ne sent Warren several policies and off ered our assistance in preparing their own. We will continue to follow up. Mike McDonald Birmingham, MI Field Staff Contact: None required. McDonald works for a lumber plant that is considering a sL^.oking p{3licy. . He req;::ested inforffiation to provide to manager.ent. We him a workplace smoking kit, offering assistance. ke will foliow up in September. Kevin Brady Saginaw, MI Field Staff C.jntact: None as yet. Brady contacted The I:nstitute after receiving a copy of the workplace kit from f ield staff. We mailed additional inf ormation, along with our toll free number and and a request• that he contact us if there was a specif ic proh_e.- that we could assist him with. Charles E. Kingdom Manager -. Employee Communications Libbey-Owens-Ford Company Toledo, OH Field Staff Contact: None Required page 8 CONFIDENTIAL: TOBACCO LITIGATION TITX 0036483

Kingdom wanted infGrIIi.atiQn for his files, for provision to eWployees through the personnel department. He indicated in a thone conversation that the company has not experienced any major problems. He has received five copies of the "Some Considerations" workplace kit. Zn a follow-up conversation, Kincdom indicated the infor:aatio n had teen helpful. He will contact us in the event of future problems. Richard L. Engel Senior Quality Reliability Engineer General Motors Corporation Moraine Engine Plant Dayton, OH Field Staff Contact: Staff informed and provided input. Enge~l requested a speaker to deliver a presentation to a committee formed to address the issue. Workplace kits were sent as preliminary information. The committee has put the in-person presentation on hold whil e i t determines what, if any, problems exist. In the meantime, Engel has sent us copies of the GM corporate smoking policy. Tom Carter Champion International Hamilton, OH ri e .~ 'd 5taf f' ~_._ '' <fny- ^taff informed and provided input. : Carter aske~ fLr infor~.aticn for a cQmmittee charged with developing a corporate policy. He has been sent several workplace kits, along with a copy of the General Motors policy as one we consider fairer than most. At the time, Carter seemed very interested in pursuing an Institute presentation. 5n a follow up conversation, Carter indicated that the ventilation i or the hu_ld_ng has been cow p=etel y revamped, rB5 I`vi::Q :rn improved air fiQW. '_'he CQ::iFsittee will mQn itor any pro';~e:-a concerning workplace smoking over the next few mL::t:;s to determi ne whether problems re::ain. If any prob lem ar ises, Carter will contact us. page 9 CONFIDENTIAL: TOBACCO LITIGATION TITX 0036484

Warren I. Zorb Procter & Gamble Cincinnati, OH Field Staff Ccn tact: Staff contacted; P&G assisted in efforts re Board of :Heaith proposals in Cincinnati. P&G' also has helped in Long Beach, Ca-3.. Zorb requested additional information fo? Lowing receipt of t?^e workplace smoking kit from field staff. Zorb workss closely with the Cincinnati Chamber of Commerce and wanted to disseminate ir:formation to them in oppositio.n to the Ciacir.nati workplace proposal. Zorb is a good ~,~avact--Procter & Gamble eripi0ys ;f7, ~C~~ :.ati; '~.?-:ey don't have a workplace sr: oking policy. According to Zorb, they have no problems, but siw:ply encourage employees to work problems out tl:eL selves. Zorb received several workplace smoking kits to provide to members of the Chamber of Commerce. We will continue to touch base with Zorb from time to time. Sheila C. Boothe RN Sencorp Occupational Health Department Cincinnati, OH Field Staff Contact: Staff informed and provided input. Boothe requested additional Institute information on the workplace smoking issue--her company received the workplace smoking kit from fieid staff. As follow up, - ~ Bcot;e asked : L•r mat.eria' f ~.,r the r c~_pF yem}..:er ~rieet 1: . of ' ~_• ~,.~r:~; i er oi.-1pauio'_:a'1 nurse group. B <_>oth e>othe :.n'~''-liated t sat many nurses smoke and the issue is a particular problem f or some of them. She was not aware of any major problems within Sencorp. Mrs. J. McDonough Arens Controls, Inc. Evanston, Illinois : ieid Staff Contact: None required. x!c1znovgh i.forr:ed us of the compa nv president's decision to ban smoking in the management and person r.e2 offices. The ban wo',~Id not affect the product:.on force, wis unionized. lvcl-flnough : mailed a copy of pres:fea Xi~yiam Bi:;schart's memo concerning the smoking page 10 CONFIDENTIAL: TOBACCO LITIGATION T'I`~",~ 0036485

`a~ . ~?e LT=_ _ r«=~°'_"ret= to the "':aZnY"_c of sec=~T.'_ 'L---~F: __ke f_r YIT-.e nonsmoker and studies that have shown smokers to have hi;:her absentee and accident rates. We sent Ruschart a le tt•er and workpe ace kit focusing on arguments that countered the ones referred to in his memo, and asked that B,_,schart contact us if he had any q;:e=ti1:r.s. '!cDcr.cuc`: received a copy of the letter; we asked that she contact us if we could provide any further assistance. Wayne A. FjeZstad Iowa City Fire Department Iowa City, IA y;e;~ ~taff Ccr.tact: May be required in the future. ~.-;elstad wrote TI and severa:l tobacco companies an ,mpassioned _ietter concerning the new smoking poiicy for Iowa City firefighters. The new policy prohibits sm:oking in the office and all purpose room (study, lounge area, day room an d t. v. room) . Smoking is permitted only in the engine room and bathroom. In addition, smoking is not permitted while out on a fire, an y emergency cal:. and while away from the fire station or~ inspection duty. Fjeistad, a captain, has been with the department for years and complains that the department is his home one-third of the time. He states that the policy was initiated by a policy committee and the city personnel director. L v;e have co nlui.ted caunsel on Fjelstad's letter. We agreed that t-he .:nsTJltute request some adiii ti;:.ia.''. detaiis sucl-I as whether he is represented by a union and what the objective of the policy is. We are considering a visit to Fjelstad. We are continuing to follow up. Joan Krabill Mountain Bell Lakewood, CO Field Staff Con tact: None required. Krabi'l ca''_ed because her floor of the company bui=dir.; voted to ban smoking. She reque_.:ed information on how other coa.>pa niFs Lcall with the issue of workplace smokin g and :nf :~rW~ati_ • n concernin g venti1atitn equip.*::e nt. She wan ved to know if we• could recommend a stZ.ecif 1c cowtTSa ny. page i~ CONFIDENTIAL: TOBACCO LITIGATION TITX 0036486

::? G~~Fc ~::e J:_rkr~a.ce =_r:ok: :g ki t. We are vC- *___vW ,~P . Muse Air Dallas, TX As a re=_ ui.t of Muse Ai r' s recer t purch ase by r i val carrier Sout}i[ti'est Air.lines, discussions have been heid concerning an attempt to persuade Muse to revoke its _: _;t:.. ban. A=t:`,ou^yh Texas legislative consultants advised agaizst p 4r=L::n4 the effcr tb:e'lause Musee was committed to the s::~kir:g ban, company officials, field staff and head'~uart.ers staff followed up quickly on indications :`at Muse was wavering. We understand now that Muse has tentatively decided -- on its own -- to allow once again smokers on its flights. Although the nonsmokers were a loyal ci.ientele, one Muse official told Judy Wiedemeier, there aren't enough of them. We will follow up with a letter to Muse officials. Carey Ford Division Vice President Safeway Stores Dallas, TX Field Staff Contact: None required. This request for assistance came through R. J. Reynolds. A Safeway grocery merchandising manager told Herman Vou::y, R. J. Reynolds' chain account .aanager, that some C;f the P_L•Ttsmc.;Cers 1r.° the Safeway L'tiv;s:.on office in Dallas were voicing their concern relative to the "passive smoking" issue. Bostwick said Safeway division vice president Carey Ford wanted to hold employee discussion sessions to address the issue. Ford was not receptive to our phone call. He did not acknowledge that there was a problem or that they would be hL_din~ e~: p~.oyee disLussion session s. He did ask t:`iat we send i:~^ 3P.f~:`rmatio~', We provided copies of the workplace iti t, ai.s,'d offered to visit the offices to meet wa L'Kl 11iU3. . . . .. . v':= have asked RJR's You.:.~ to monltor the situation t:-r_-u_t Bostwick a nc: keep us posted. page 12 CONFIDENTIAL: TOBACCO LITIGATION TITX 0036487

Edward F. Ritter Pacif ic Northwest Bell Portland, OR a 1~1~ .vitClif vv`..+Javti Strategy cocrdi:.'a~Je~ with field ~ u staFf, , who will contact sources at Pacif ic Northwest Bell. Ri v ter contacted us because `'acif iG Northwest SSeii has adopted a psIicy that bans smoking on company premises. The pc' i_y goes into effect on :.0/1S/85. The poy icy is, "To Protect t7e hea:.t:h of Fr.B eT:pioyees there will be no sL'oklnQ in any company facility." Pacif ic Northwest Eail includes all of Washington, Oregon and part of Idaho. Ritter is upset because he transferred to Oregon from New York in 1.9?8 and was assured that he would be ailowed to smoke on the job. He did not have to accept the trar.=.f er. Ritter supervises 8 people. We have consulted counsel, who is reviewing Ritter's letter for potentiai lega' arguments. We are sending a ~etter to barry Woifard, the Pacific Northest Ee:.~. employee who signed the policy statement. We understand the policy was put together by the Rosner-Weis-Lowenberg consulting group. Dan Cole El Toro, CA Field Staff Contact: Staff informed of the pending action. Cole iss a pilot for Air Cal and called to request ..ntnru atien _~r_ 5...4kin_ an : pro ductivity, iLdi=ating that the policy committee of the Iocal Air Lines Pi? ots Association would be considering a workplace policy that would prohibit smoking in the cockpit if one of the pilots ob;ects. Cole said that the because of air flow in the cockpit, health was not an issue. Rather, the argument is that no ns..,oiting pilots are more productive. AoIe requested ..n format io. _mo-king and prol4ct~ ..~y and an y other sJ e inf or-:Ction tat addressed the iss'_e of _~ . '~i~yareL~`1 s11:{JAing in the aircraft cabr+:n env.:ro~n::.ent'. .. page 13 (:ONFIDENTIAL: TOBACCO LITIGATION TITX 0036488

L. ~ as=`J`v_GL_~u. Xt' prov.__.t"'.r appropriate materaai5 Csr.s afFered furt`:er assistance if required. We are cor.tir;:iug to follow up, page 14 CONFIDENTIAL: TITX 0036489 TOBACCO LITIGATION